A Comparative Study On The Laws Administrating Products Of Gene-Modified Organism Between China And The United States

This research paper tries to make the clear distinction between the USA and China by comparing the management concepts and legal systems towards Transgenic Biological Product of the two counties and analyzes the reasons for the reasons and finally delves into the impact of the difference between the two countries upon the environmental security and the international trade.The introductory remarks of this research paper give a brief account of the historical background and the reasons for the rapid development, application status quo, effect, advantages and the potential threats and the impact on the international trade of the transgenic technology.The first part of the text gives a brief introduction to the development history and background of the transgenic technology and transgenic biological products, the laws and regulations and the specific measures formulated and taken by the Chinese government. In the 1980s China was confronted with the problems of failure to reach the self-sufficiency of the foodstuff to its population yet the appearance of the transgenic technology gave China a great hope, so the initial management environment was rather lax and lenient. However, with the rapid development of the situations, China has gradually formulated the relevant laws, regulations so as to strengthen the strict management in the relevant fields. The second part of the text gives an account of the management scenario of the American transgenic biological products. The USA has proceeded from its own actual situations and has not formulated the special federal laws and regulations to manage the safety problems related to the transgenic biological products. The guidelines of the American government is that it does not make the essential distinction between the transgenic biological products and the products made by the traditional ways, which means that the US's well developed legal system can fully undertake the management responsibility for the transgenic biological products.The third part of the text analyzes the different and similarity between the methods in managing the transgenic biological products by the Chinese government and the American government. Both China and the USA have made it clear that only when the reliable scientific evidences prove that the transgenic biological products have risks and are likely to cause damages to human beings can the government take the monitoring and control measures. The American government does not make any distinction between the management of the products made by transgenic technology and other products; therefore there are no special laws and regulations thus formulated for this purpose. However, the Chinese government exercises the special management for this purpose in the form of the special legislation and formulating the risk evaluation regulations and the labeling regulations, etc. Though the American government thinks the right to get well informed rather important on the part of the customers, yet it does not exert any compulsory labeling system in consideration that the cognitive capacity of the public and the wishes of the consumers can not be replaced by the legal demands. Any the Chinese government exercises the labeling system on the transgenic biological products but it only covers a smaller scope, to be specific, not covering all the transgenic biological products.The fourth Part of the text analyzes the reasons for the differences between China and the US in this respect. In the first place, the general public in the US are ideologically open-minded and ready to take the new and promising things while the general public in China are somewhat conservative, thus leaving some difference in ideological awareness; in the second place, the American legal system is perfect and well developed while the Chinese legal system is still imperfect, and particularly the product liability compensation system fails to play the role of the exemplary punishments, so there exists the considerable difference in management measures of the two countries; Last but not the least, due to the difference in the international trades between the two countries, which is one of the fundamental reasons for the management differences between the two countries.The fifth part of the text analyzes the impact of the different management systems on the trade and the environment safety. Firstly, the American management system is lax and lenient but the EU and China and other countries that exercise the stricter management in this respect have trade conflicts with the US from the point of view of their respective demand. Secondly, the impact of the transgenic biological products on the environment is mainly the problem of the gene flow.This research paper concludes that China's management system in this respect complies with its actual state situations and does not exert any serious and negative impact on the international trade and the environmental safety, but it must take the future demands into full consideration.